On 14 October 2015, CPSC published a direct final rule amending two existing rules on component part testing (16 CFR 1109) and textile products to be considered not to exceed the lead content limits (16 CFR 1500.91(d)(7))
This rule will become effective from 12 February 2016 (unless significant negative comment received by CPSC)
[Note: Original effective date for this rule was 14 December 2015; However, based on request from American Apparel and Footwear Association (AAFA), CPSC has extended comment period and effective date of this rule by 30 days. Further CPSC has delayed effective date till 12 February 2016, as the comment period deadline for the Direct Final Rule was stated incorrectly on regulations.gov].
1. Clarification on Component Part Testing (16 CFR 1109):
In order to reduce burden of testing on manufacturers, on 8 December 2011 CPSC enacted final rule 16 CFR 1109 allowing manufacturer to certify final product based on component part testing or testing by another party.
Subpart A of this rule provides the general condition and requirements for component part testing, and subparts B and C provide additional requirements for specific products, component parts and requirements. As the requirements in the subparts B and C are limited to lead and phthalates, some parties have misinterpreted the component part rule as limited to just these two substances only.
This amendment clarifies that component part rule is not limited to lead and phthalate testing. It may also be used for other test wherever applicable such as heavy metals, mechanical and performance tests that can be performed at the component part level of a product.
The amendment also replace the old version of reference standard ASTM F963-08 with the latest version ASTM F963-11.
Section 1109.13 has also been updated adding the information that inaccessible components do not need to be tested for phthalate content.
2. Clarification of the Textiles to be considered not to exceed lead limit (16 CFR 1500.91):
In the rule 16 CFR 1500.91, CPSC excludes certain materials and products from lead requirement considering that these materials by nature do not contain lead exceeding permissible limit (90 ppm for coatings and 100 ppm for substrates).
Section 1500.91(d)(7) states exemption applies to “textiles (excluding after-treatment applications, including screen prints, transfers, decals, or other prints) consisting of [various fiber name].” The CPSC has found that the phrase ‘or other prints’ may be wrongly interpreted to mean that the application process of print is a determining factor for the exemption. In this amendment example of printing has been removed and clarified that textiles without or with having an application which entirely consist of dyes are not required for testing for lead content. Hence dyed and printed textiles where dyes are embedded into the textile fiber are excluded from testing. However in case of print where other material are added, for example plastisol print which contain plastisizer and PVC, are not excluded from lead requirement.